New York Guardianship Law Frequently Asked Questions

A guardianship is a legal arrangement where a court gives a person the legal right to make decisions for another person who is not able to make decisions for themselves. While guardianships are often established for the benefit of a minor, adults can also have guardians. In some jurisdictions an adult guardianship is referred to as a conservatorship.

A guardianship ends when the court deems the guardianship is no longer necessary or when the child reaches the age of majority.

With respect to children, a guardianship is typically a temporary arrangement during a period when the parents are not available to care for the child. For a guardianship to be established, the parents are not required to permanently relinquish their parental rights. On the other hand, an adoption is permanent, and the parents must give up their parental rights in order for a child to be adopted.

A guardian generally fulfills the same duties that a parent would, including providing for the child’s everyday needs such as food, clothing, shelter, education, and medical care. If the child has significant assets, the guardian may also be responsible for managing the child’s estate. In fact, the court may appoint two guardians: one for the child’s person and one for the child’s estate.